HSC publishes revised asbestos management proposals

Citation

(2002), "HSC publishes revised asbestos management proposals", Property Management, Vol. 20 No. 2. https://doi.org/10.1108/pm.2002.11320bab.004

HSC publishes revised asbestos management proposals

HSC publishes revised asbestos management proposals

A consultative document with revised proposals for the introduction of a new duty to manage the risk from asbestos in premises was published in November 2001, by the Health and Safety Commission (HSC). The proposals have been amended to take account of comments arising from the responses to last year’s Consultative Document (CD159).

The main change is to widen the definition of the duty holder. The employer in occupation of the premises will still have the main duty to ensure the requirements of the duty to manage regulation are met. The proposal now is to also introduce a duty on all those who legally have maintenance and repair responsibilities for any part of the premises to take the actions necessary to enable the employer to comply with these requirements.

In the new regulation those responsible for workplace premises will be required to:

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  find out whether asbestos is present in their buildings, where it is located and what condition it is in

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  assume that materials contain asbestos unless they can be sure they do not

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  record their findings

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  assess the risks from these materials

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  prepare and implement plans to manage the risks from such asbestos and

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  provide information to anyone liable to come into contact with asbestos.

Commenting on the need for this new Consultative Document, Bill Macdonald, Head of the Health and Safety Executive's (HSE) Workplace Risk Management Unit, said:

We have carefully considered the responses to the last consultation and taken account of the comments made. It is important that the proposals are workable and therefore we have taken time to revise them to reflect the range of tenancy and contractual responsibilities that represent current commercial practice. The regulations that the HSC is proposing to put in place are the final piece in the jigsaw in terms of the requirement to manage asbestos successfully and we must make sure that the piece fits.

Asbestos-containing materials pose no risk if they are in good condition and are left undisturbed. The problems arise if they are not properly managed. The HSC proposals address this situation and will protect, in particular, electricians, gas installers, plumbers, carpenters and others who visit workplace premises, including the general public.

About 3,000 people die each year from asbestos-related diseases. At least 25 per cent of those worked in the building maintenance trades, with many unaware that they had come into contact with asbestos-containing materials. It is estimated that there are 1.5 million workplace properties with asbestos in them.

The proposed Approved Code of Practice, providing guidance on complying with the duty to manage regulation, has also been revised to accommodate the comments made after the previous consultative document.

Another new proposal which has also been included in the Regulations is the requirement for laboratories that analyse material to identify asbestos to be accredited by the United Kingdom Accreditation Service (UKAS).

Copies of the consultative document, CD176, are available free. The full title is: Revised Proposals for Amendments to the Control of Asbestos at Work Regulations and a New Supporting Approved Code of Practice. It can be ordered online at http://www.hsebooks.co.uk or from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WQA. Tel: 01787 881165 or Fax: 01787 313995. Alternatively, the document can be downloaded from HSE's Web site http://www.hse.gov.uk/condocs